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San Francisco weighs decriminalizing prostitution

2008-10-22 02:56:00

By EVELYN NIEVES, Associated Press Writer Evelyn Nieves, Associated Press

Writer Tue Oct 21, 5:48 pm ET

Prostitute Patricia West, 22, poses for a photograph in front of City Hall in

AP Prostitute Patricia West, 22, poses for a photograph in front of City Hall

in San Francisco, Friday,

SAN FRANCISCO In this live-and-let-live town, where medical marijuana clubs

do business next to grocery stores and an annual fair celebrates sadomasochism,

prostitutes could soon walk the streets without fear of arrest.

San Francisco would become the first major U.S. city to decriminalize

prostitution if voters next month approve Proposition K a measure that

forbids local authorities from investigating, arresting or prosecuting anyone

for selling sex.

The ballot question technically would not legalize prostitution since state law

still prohibits it, but the measure would eliminate the power of local law

enforcement officials to go after prostitutes.

Proponents say the measure will free up $11 million the police spend each year

arresting prostitutes and allow them to form collectives.

"It will allow workers to organize for our rights and for our safety," said

Patricia West, 22, who said she has been selling sex for about a year by

placing ads on the Internet. She moved to San Francisco in May from Texas to

work on Proposition K.

Even in tolerant San Francisco where the sadomasochism fair draws thousands

of tourists and a pornographic video company is housed in a former armory the

measure faces an uphill battle, with much of the political establishment

opposing it.

Some form of prostitution is already legal in two states. Brothels are allowed

in rural counties in Nevada. And Rhode Island permits the sale of sex behind

closed doors between consulting adults, but it prohibits street prostitution

and brothels.

In 2004, almost two-thirds of voters in nearby Berkeley rejected

decriminalization. But proponents of Proposition K say their proposal has a

better shot in San Francisco, which they believe is more sexually liberal than

the city across the bay.

After all, the world's oldest profession has long been established here. During

the Gold Rush, the neighborhood closest to the piers was a seedy pleasure

center of sex, gambling and drinking known as the Barbary Coast.

These days, on certain corners, prostitutes sell their bodies day and night,

ducking into doorways and alleys when police pass by. One recent afternoon in

the Mission District, six prostitutes were plying their trade on a single

block.

Police made 1,583 prostitution arrests in 2007 and expect to make a similar

number this year. But the district attorney's office says most defendants are

fined, placed in diversion programs or both. Fewer than 5 percent get

prosecuted for solicitation, which is a misdemeanor punishable by up to six

months in jail.

Proposition K has been endorsed by the local Democratic Party. But the mayor,

district attorney, police department and much of the business community oppose

the idea, contending it would increase street prostitution, allow pimps the run

of neighborhoods and hamper the fight against sex trafficking, which would

remain illegal because it involves forcing people into the sex trade.

The San Francisco Chronicle editorialized against the measure, saying it could

make the city a magnet for prostitution.

If the proposal passes, "we wouldn't be able to investigate prostitution, and

it's going to be pretty difficult for us to locate these folks who are victims

of trafficking otherwise," said Capt. Al Pardini, head of the police

department's vice unit. "It's pretty rare that we get a call that says: 'I'm a

victim of human trafficking' or 'I suspect human trafficking in my

neighborhood.'"

The proposition would also prohibit police from accepting federal or state

funds for sex trafficking investigations that involve racial profiling. Such

investigations often arise from raids on brothels that advertise as Asian

massage parlors.

"We feel that repressive policies don't help trafficking victims, and that

human rights-based approaches, including decriminalization, are actually more

effective," said Carol Leigh, co-founder of the Bay Area Sex Workers Advocacy

Network and a longtime advocate for prostitutes' rights.

But San Francisco District Attorney Kamala Harris said the ballot question

mistakenly assumes prostitution is a victimless crime.

"The crime of prostitution does not exist by itself," Harris said. "Along with

it come pimps, johns and other crimes that really impact the safety of

neighborhoods."

If the measure passes, supporters say, prostitutes would not feel the need for

pimps as protection. But opponents insist it would embolden pimps who trap drug

addicts into prostitution by plying them with drugs.

"The proponents usually paint a fairly rosy picture of two consenting adults

and a monetary exchange at the end," Pardini said. "They don't factor in the

people that are being exploited and people that are being controlled, the ones

manipulated both physically and chemically."